John Jay Papers

From John Jay to George Washington, 13 November 1790

To George Washington

Boston, 13 Nov. 1790

Dr. Sir,

[illegible] the act “to regulate Trade and Intercourse with the Indian Nations Tribes”, passed the last Session of Congress, provides ^directs^ that the “Superintendants and Persons by them licensed, shall be governed in all things touching the sd. Trade & Intercourse by such Rules and Regulations as the President shall prescribe &C”—1 I was lately asked whether any and what arrangements had been made to carry this ^in pursuance^ of this act into Effect. my answer was, that I had not heard, but was persuaded that every thing necessary either had been, or wd. soon be done— as every licensed Trader must know what Rules & Regulations he is to obeyed & observe it would perhaps be best to ^might perhaps not be amiss to,^ wd it be amiss to publish them—

The Constitution gives power to ^the^ Congress “To coin money, regulate the value thereof, and of foreign coin. To provide for the Punishment of counterfeiting the Securities and current coin of the United States. Can foreign coin be properly considered If the word current had been omitted, it wd ^might^ have been at least ^much^ doubtful^ed^ whether the Congress could have punished the counterfeiting of every ^foreign^ coin not of their own makingMexican Spanish ^Mexican^ Dollars have long been known in our public acts as current coin. The 55 Sect[ion] of the Act of the last Session “to provide more effectually for the Collection of the Duties” &ca enumerates a variety of foreign Coins which shall be recieved for the Duties & Fees mentioned in it—2

The late penal act (as it is generally called[)] provides punishment for counterfeiting Paper, but not Coin foreign or domestic—3 Whether this omission was accidental or designed I am uninformed— It appears to me more expedient that this offence as it respects foreign ^current^ coin should be punished in a uniform ^manner^ throughout the nation, than be left to State Laws and State Courts—

The Constitution provides that “no State shall coin money, nor make any thing but Gold and Silver Coin a Tender in payment of Debts[”]— must not this Gold and Silver Coin ^necessarily^ relate to ^be^ such only as shall be indicated ^either struck, or made current^ by the Congress— At present I do not recollect any act which declares ^designates, unless perhaps by Implication,^ what money ^coins^ shall be a legal Tender between Citizen & Citizen— It cannot think seems to me advisable that no Doubt should be left on this Subject;

The Congress have power to establish postingal Roads. This would be nugatory unless it implied a power either to repair these Roads themselves or compel others to do it— The former strikes me as ^seems to be^ the ^more^ natural Construction. If so— would it not be well that ^for them^ to put this Business in Train I think ^possibly^ the Turnpike plan might gradually and usefully be introduced.

The Papers herewith enclosed are ^is^ communicated merely for yr private Information. no as yet I have not recd. a single answr to the Letter of which one of the enclosed is a Copy. ^mentioned in the note subjoined to it^. It is therefore very doubtful whether the Business will be perfected by the sitting of Congress.

^[In Margin] The Judges had a Conference in Augt, last on the Subject of the judicial Act, and of your Letter of the 3d April, ^^copies^^ of which had been sent to each of them. It was agreed that I shd. prepare an answer to that Letter, and send a transmit a Copy of it to each of the Judges, who were to return it with their Remarks. That then the original Draft shd. be corrected accordingly, and the Letter signed by me be transmitted to you— This answer was prepared and forwarded ^to them^ in Septr. as yet no I have not heard from either of the Judges on the Subject, I think it doubtful whether you will recieve it ^^so that it is not probable that it will be perfected and transmitted^^ before the Sitting of Congress.^ The Report of the Atty Gen[eral] ^(to whom I also sent a Copy of this proposed answer)^ will perhaps render the Delay not very ^less^ important— You will percieve my dear Sir that nothing on my part has been omitted.4

It sometimes appears to be adviseable to ^that the U.S. should^ have a Fortress near the Heads of the western waters perhaps at or about not far ^very^ distant from Fort Pit to secure the communication between the western and Atlantic Countries, and that the place be such as wd cover the erecting vessells proper for the navigation of the most important of those waters— Should ^not^ West point or a better post ^if to be found^ on Hudsons River be kept up— an impregnable Harbour in the North & another in the South are objects seem to me very desireable. Peace is the Time to prepare for Defence against Hostilities—

There is some reason to apprehend that masts and Ship Timber will ^as cultivation advances^ become scarce, unless some measures be taken to prevent their waste— What those measures should be I have not much defined as a more accurate Knowledge of Facts and Circumstances than I possess ^or provide for the Preservation of^ a sufficient Fund of both

Being persuaded that we can could undersell all the other nations in salted provisions especially Beef, provided its Exportation was well regulated ^none but of the first Quality was exported,^ I am inclined to think the national govt shd. have and exercise that power attend to it—nay that the whole Business of inspection^ing^ should befall ^all such of^ our Exports of every kind which ^as may be thought to^ require ^Inspection^ shd. be done under their auth exclusive authority in an uniform manner— where State inspection Laws are good they might be adopted— If one ^the individual^ States inspect [in one Town by one R?] by different Rules, & some of them not at all, the article in Question whatever it may be, will not have ^will not go to market with^ such ^plain &^ decided Evidence of Quality, as to merit inspire ^full^ Confidence, especially as various marks under various State Laws facilitate Fraud & multiply the means of Fraud and Imposition. If no inferior ^only the best^ Commodities shd b ^in their kind^ were exported, we shd. gain in name & price what we ^might^ lose ^at first^ by Diminution of Quality—

I think It is probable that this Letter will find you at Ph[iladelphi]a.—if not I presume it will be forwarded by some of your Family, but how or by whom is uncertain.5 My first Idea was to have a

much content and good Humour is observable in these States the acts of Congress are as well relished & observed as could have been expected— the assumption gives much general Satisfaction here— The deviation from Contract respecting Interest, is censured by many ^some^ especially as it seems to have resulted more from policy than necessity, the public ^Congress^ having ^applied^ a Surplus ^of Revenue^ to apply to the purchase of the Stock as ^they say, and not without Reason^ that the application of Surplus of Revenue to the purchase of Stock [illegible] renders ^leaves^ that ^shews that the^ measure imputable to policy rather than unpalliated by ^did not result from^ necessity.6 Be pleased to present my respectful Compts. to Mrs. Washington. With the most perfect Respect Esteem & attachment I have the Honor to be Dr Sr. your obliged & obt. Servt.

The Presid. of the U.S.—

Dft, NNC (EJ: 08437; 90241). Endorsed. PGW: PS description begins Dorothy Twohig et al., eds., The Papers of George Washington, Presidential Series (19 vols. to date; Charlottesville, Va., 1987–) description ends , 6: 649–53; extracts in DHSC description begins Maeva Marcus et al. eds., The Documentary History of the Supreme Court of the United States, 1789–1800 (8 vols.; New York, 1985–2007) description ends , 2: 107–10. Recipient’s copy not found, but it was acknowledged in GW to JJ, 26 Dec. 1790, ALS, NNC (EJ: 07248).

1“An Act to regulate trade and intercourse with the Indian tribes”, 22 July 1790, Stat. description begins The Public Statutes at Large of the United States, vols. 1–17 (Boston, 1845–73) description ends , 1: 137–38

2That is Section 56 of the act. Stat. description begins The Public Statutes at Large of the United States, vols. 1–17 (Boston, 1845–73) description ends , 1: 173.

3“An Act for the Punishment of certain Crimes against the United States,” 30 Apr. 1790, Section 14, ibid., 115.

5Before receiving JJ’s letter, GW renewed his request for information in his letter of 19 Nov. 1790, below.

6JJ is referring to the controversial assumption of state debts and the reduction of interest on a portion of the debt, both included by AH in his funding plan adopted on 4 Aug. 1790. PAH description begins Harold C. Syrett et al., eds., The Papers of Alexander Hamilton (27 vols.; New York, 1961–87) description ends , 6: 65–85.

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